Terms and conditions for the beYOUnique Online Shop

§1. General provisions

1. The subject of these Terms and conditions is the regulation of sales conditions and the functioning of this Online Shop. Pursuant to article 384 of the Civil Code, these Terms and conditions are part of the contract concluded with the Seller.

2. Placing an effective Order shall be possible upon prior acceptance of these Terms and conditions.

3. The Owner of this online shop registered at www.beyounique.pl is Krystian Klottka conducting his business under the name: MGK Group established in Knurów in Gen. Jerzego Ziętka 12A lok. 8, NIP (Taxpayer ID) 9691503753, REGON (Business ID) 243528891, hereinafter referred to as the Seller.

4. The Buyer can be any natural or legal person or entity using its own email account and having legal capacity which entitles to entering into legal transactions in accordance with the laws.

5. The Consumer is defined as any natural person buying products in the Online Shop as stated in article 221 of the Civil Code.

6. The Act of 30 May 2014 on consumer rights shall not apply to entities other than the Consumers.

7. The Parties of this contract shall hold harmless the Seller against warranties for physical and legal defects of the product in relation to persons and entities which are not the Consumers.

8. Information available on the Shop’s website does not constitute an offer under the Civil Code. It constitutes an invitation for the Customers to make offers.

9. The Seller presents digital pictures of the products provided. Furthermore, he shall use his best efforts to provide pictures of the highest quality and showing the real condition and colours of presented products as accurately as possible. Pattern placement on clothing may slightly differ from the projects of clothes presented in the online shop.

10. The prices in the Seller’s Online Shop are gross prices given in Polish zloty (PLN), euro (EUR), dollar (USD).

11. The Seller shall reserve the right to change the prices of products in the product catalogue, add new products to the Online Shop and remove unavailable products, carry out and cancel promotional actions on the Seller’s website, and modify them.

§2. Orders

1. Orders are accepted by the shop system placed on our website at www.beyounique.pl. While placing an order, the required fields must be completed correctly according to the instruction of the order form.

2. The distance sales contract between the Seller and the Buyer shall be concluded after the correct finishing of the shopping procedure defined in the order form of the shop system provided at www.beyounique.pl.

3. The obligation of the Seller is to deliver goods free of defects to the Buyer. The obligations of the Consumer under the sales contract cease upon receipt of goods and paying the full price in accordance with these Terms and conditions, subject to the obligations of the Consumer in case of a complaint or withdrawal from this contract.

4. If an ordered product is unavailable, the Buyer shall be informed about it by the Seller within 14 working days and shall make a decision about the way of delivery of the remained products ordered (partial delivery, an increase of the delivery time because of the unavailable product, exchange of the unavailable product for another one or cancelling the entire order and receiving refund for the ordered products).

5. The Seller delivers the ordered product to the Buyer together with a sales document.

6. Payment for the Product and delivery Costs may be paid only by using the following options: a) in cash (by delivery) in case of delivering the product by the Courier, b) transfer or payment to the Seller’s bank account, c) by credit card – using an online payment system on the Shop’s website if the credit card which the Customer has provides such option, d) bank transfer or payment – via PayU payment system, e) payment – via Paypal system,

In case of payment made by bank transfer or payment to the Seller’s bank account, while making a transfer, the transfer title must include: - first name and surname or name of Customer’s company - Order number (as stipulated in the information about the registration of the Order in the Shop).

7. The Seller delivers the Orders using courier services provided by Poczta Polska (Polish Post Office). The delivery provided by the Supplier shall be made within 2 working days: a) of the date of placing the Order by the Customer, in case of choosing the option of payment by delivery; b) of the date of recording the payment on the Seller’s account in case of choosing other form of payment than by delivery;

Delivery time does not include Saturdays and public holidays. The costs of product delivery in Poland and costs of abroad delivery are stipulated on the Shop website while placing an Order.

§3. Purchased product complaint

1. Pursuant to the Act of 27 July 2002 on special conditions of consumer sales and amendment to the Civil Code in relation to the Customers who are consumers, the Seller shall be liable for nonconformity of goods with the contract. In case of the Customers who are not consumers, the Seller shall be liable based on applicable law as stipulated in the Civil Code, subject to the provisions of paragraph 2(8).

2. The making of complaint is carried out in the form and in accordance with the rules described in details in the Complaint Procedure published on the Shop’s website.

§4. Return and replacement of the product purchased

1. Pursuant to article 27 of the Act of 30 May 2014 on the consumer rights, the Consumer has the right to withdraw without giving any reason within 107 days of the date when the product has been released. To meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

2. The Buyer returning the product should send the Seller an unequivocal statement about the withdrawal and send the product in accordance with the contact details given below: email: remember@beyounique.pl

3. In case of withdrawal as stipulated in point 1, both the Seller and the Consumer are obliged to return everything they received from the other party under the contract concluded.

4. The Consumer shall bear the direct costs of returning the product.

5. In case of withdrawal, the Seller shall reimburse all received payments, including delivery costs (except for additional costs arising out of other way of delivery chosen by the Consumer than the cheapest delivery way offered by the Seller). Forthwith, and in any case no later than within 14 days of the date of informing the Seller about the Consumer’s decision to withdraw. The reimbursement of the payment shall be made by using the same means of payment as the Consumer used in the first transaction, unless the Consumer shall expressly agree to another solution; in any case the Consumer shall not bear any costs related to the return.

6. The Consumer, upon the Seller’s consent, within 14 days of the date of receiving the product, may replace it with another one. In such case, the Buyer should contact the Seller at the following email address: remember@beyounique.pl. In such event provisions of these Terms and conditions shall apply accordingly, and in particular the provisions under article 4(2).

7. The Consumer is liable for diminished value of goods resulting from the using of the goods in a way other than is necessary to establish the nature, characteristics and functioning of the goods.

8. The right to withdraw from the contract does not apply to the Consumer in relation to the following contracts: a) service contract; if the trader has performed a full service with the express consent of the consumer who had been informed prior to the performance of the service that when the trader has performed the service, the consumer shall lose the right to withdraw from the contract; b) a contract in which price or payment is dependent on fluctuations in the financial market which cannot be controlled by the trader and which occur within the withdrawal period; c) the subject matter is a non-prefabricated item manufactured according to specifications of the consumer or aiming to meet consumer’s individual needs; d) the subject matter is an item liable to deteriorate or expire quickly; e) the subject matter is an item delivered in a sealed package which cannot be returned after the packaging has been opened for health and hygiene reasons, if the package has been opened upon delivery; f) the subject matter concerns items which, after delivery, due to their form, are inseparably mixed with other items; g) contracts concluded at a public auction; h) supply of digital content which is not supplied on a tangible medium, if the performance has started with the consumer’s prior express consent within the withdrawal period and prior to being informed by the trader that he or she thereby loses the right of withdrawal from the contract.

§5. Personal data protection

1. The Customer by registering in the Shop agrees his or her personal data given in the form to be collected and processed by the Seller under the Act of 29 August 1997 on personal data protection (Dz.U. of 2002 no. 101 item 926, as amended) only for fulfilling the Orders.

2. The Customer may agree to receive commercial and marketing messages from the Seller, including the use of electronic means of communication. This consent is given by the Customer by choosing the right option in the registration form. Giving the consent in not a condition to fulfil the Order.

3. The Customer has the right to review his or her personal data given and correct it, and request to remove it.

§6. Final provisions

1. In case of any doubts related to shopping in the Online Shop – the Seller provides all information at the following email address: remember@beyounique.pl

2. The governing law for assessment of legal relationship under these Terms and conditions is the law of Poland.

3. The provisions of the Civil Code and other acts shall be applicable in issues not governed by these Terms and conditions.

4. If one of the provisions of these Terms and conditions is held to be invalid or unenforceable by a final court decision, other provisions shall remain valid and in force.

5. The Seller shall use his best efforts to solve possible disputes which may arise out of fulfilling the concluded contracts under these Terms and conditions through a compromise. In particular, the Buyer has the right to request mediation in accordance with the provisions specified in article 1831 of the Code of Civil Procedure